B-123653, FEB. 16, 1956

B-123653: Feb 16, 1956

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ATTORNEY AT LAW: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 1. IT APPEARS THAT YOU HAVE TRANSMITTED TO THE ASSISTANT ATTORNEY GENERAL OF THE UNITED STATES A MOTION TO DISMISS HER ACTION. YOUR REQUEST IS PREDICATED UPON THE DECISION OF THE COURT OF CLAIMS IN THE CASE OF SEAGRAVE V. YOU WERE ADVISED WHY WE MAY NOT AT THIS TIME ACCEPT THE SEAGRAVE CASE AS A PRECEDENT FOR THE FAVORABLE CONSIDERATION OF SIMILAR CLAIMS. ACTION ON YOUR CLIENT'S CLAIM WILL BE HELD IN ABEYANCE PENDING ITS DISPOSITION BY THE COURT OF CLAIMS.

B-123653, FEB. 16, 1956

TO MR. SAMUEL T. ANSWELL, JR., ATTORNEY AT LAW:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 1, 1955, WITH ENCLOSURES, CLAIMING ON BEHALF OF CONSTANCE BEATRICE EDWARDS, EXECUTRIX OF THE ESTATE OF EDWARD I. EDWARDS, JR., RETIREMENT PAY ALLEGED TO BE DUE HER DECEDENT FROM APRIL 1, 1950, TO JULY 31, 1950, UNDER SECTIONS 302 AND 303 OF TITLE III OF THE ACT OF JUNE 29, 1948, 62 STAT. 1087.

CONSTANCE BEATRICE EDWARDS HAS BROUGHT SUIT IN THE UNITED STATES COURT OF CLAIMS (COURT OF CLAIMS NO. 134-55) FOR THE RETIREMENT PAY REFERRED TO IN YOUR LETTER, AND IT APPEARS THAT YOU HAVE TRANSMITTED TO THE ASSISTANT ATTORNEY GENERAL OF THE UNITED STATES A MOTION TO DISMISS HER ACTION, TO BE HELD IN ESCROW PENDING SETTLEMENT HERE OF THE CLAIM. YOUR REQUEST IS PREDICATED UPON THE DECISION OF THE COURT OF CLAIMS IN THE CASE OF SEAGRAVE V. UNITED STATES, 131 C.CLS. 790, 128 F.SUPP. 400.

BY OUR LETTER OF JANUARY 31, 1956, CONCERNING THE CASES OF HAROLD W. DOLPH AND FIVE OTHER CLAIMANTS, YOU WERE ADVISED WHY WE MAY NOT AT THIS TIME ACCEPT THE SEAGRAVE CASE AS A PRECEDENT FOR THE FAVORABLE CONSIDERATION OF SIMILAR CLAIMS. FOR THE REASONS STATED IN THAT LETTER, ACTION ON YOUR CLIENT'S CLAIM WILL BE HELD IN ABEYANCE PENDING ITS DISPOSITION BY THE COURT OF CLAIMS.